FS50129487: Difference between revisions
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{{DNSummaryBox | |||
|dn_ref=FS50129487 | |dn_ref=FS50129487 | ||
|dn_date=20 | |dn_date=20 January 2009 | ||
|dn_pa=Home Office | |dn_pa=Home Office | ||
|dn_summary=The complainant requested any recorded information held on the decision to ban members of the police force from membership of the British National Party. The public authority refused the request, citing the exemptions provided by sections 35(1)(a) (formulation and development of government policy), 36(2)(b)(i) | |dn_summary=The complainant requested any recorded information held on the decision to ban members of the police force from membership of the British National Party. The public authority refused the request, citing the exemptions provided by sections 35(1)(a) (formulation and development of government policy), 36(2)(b)(i) & (ii) (effective conduct of public affairs), 41(1) (information provided in confidence) and 42(1) (legal professional privilege). The conclusion of the Commissioner is that sections 35(1)(a) and 36(2)(b)(i) were applied correctly. As this conclusion relates to the entirety of the information withheld, it has not been necessary to also consider whether sections 41(1) and 42(1) were applied correctly. However, the Commissioner also finds that the public authority failed to provide a valid refusal notice within 20 working days of receipt and, therefore, failed to comply with section 17(1) and that the refusal notice was inadequate for the purposes of sections 17(1)(a), (b) & (c) and 17(3)(b). | ||
|dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50129487.pdf | |dn_url=http://www.ico.gov.uk/upload/documents/decisionnotices/2009/fs_50129487.pdf | ||
}} | }} | ||
{{ | {{DNDecision1 | ||
|dnd_section=FOI 17 | |dnd_section=FOI 17 | ||
|dnd_finding=Upheld | |dnd_finding=Upheld | ||
}} | }} | ||
{{ | {{DNDecision2 | ||
|dnd_section=FOI 35 | |dnd_section=FOI 35 | ||
|dnd_finding=Not upheld | |dnd_finding=Not upheld | ||
}} | }} | ||
{{ | {{DNDecision3 | ||
|dnd_section=FOI 36 | |dnd_section=FOI 36 | ||
|dnd_finding=Not upheld | |dnd_finding=Not upheld | ||
}} | }} | ||
Revision as of 22:26, 15 May 2010
Decision Summary
- Case Ref: FS50129487
- Date: 20 January 2009
- Public Authority: Home Office
- Summary: The complainant requested any recorded information held on the decision to ban members of the police force from membership of the British National Party. The public authority refused the request, citing the exemptions provided by sections 35(1)(a) (formulation and development of government policy), 36(2)(b)(i) & (ii) (effective conduct of public affairs), 41(1) (information provided in confidence) and 42(1) (legal professional privilege). The conclusion of the Commissioner is that sections 35(1)(a) and 36(2)(b)(i) were applied correctly. As this conclusion relates to the entirety of the information withheld, it has not been necessary to also consider whether sections 41(1) and 42(1) were applied correctly. However, the Commissioner also finds that the public authority failed to provide a valid refusal notice within 20 working days of receipt and, therefore, failed to comply with section 17(1) and that the refusal notice was inadequate for the purposes of sections 17(1)(a), (b) & (c) and 17(3)(b).
- View PDF of Decision Notice: [1]
Template:DNDecision1 Template:DNDecision2 Template:DNDecision3
